Speech #560029079

Chief Justice Marshall. in Canters case (1 Peters). used this language: This treaty is the law of the land.land admits the inhabitants of Florida to the enjoyment of the privileges. rights. and immunities of citizens of the United States. It is unnecessary to inquire whether this is or not their condition independent of stipulation. This was. in effect. a decision that the inhabitants of Florida. who. before the negotiation of the treaty of 1819. were foreigners. were naturalized as citizens of the United States by the ratification of the stipulation contained in the sixth article of that treaty. At the second session of the Twentyseventh Congress the point was made that David Levy. who had been elected to sit -as Delegate from the Territory of Florida. was not a citizen of the United States. but the House Committee on Elections overruled the objection and held that it matters nothing whether the naturalization be effected by act of Congress. by treaty. or by admission of a new State. In Boyd vs. Thayer (143 U. S.) it was said thatNaturalization is the act of adopting a foreigner and clothing him with the privileges of a native citizen. And the court in that case distinctly recognized the doctrine of naturalization by treaty. The inhabitants of the countries acquired from France. Spain. and Mexico became naturalized citizens of the United States. in virtue of the treaties to which attention has been called. and there is no doubt that as such citizens they can. when charged with crime. rightfully claim the protection the Constitution was intended to secure to other American citizens. Such being the case. the Supreme Court. of course. held. in the case of Thompson. who was convicted of felony by a jury of eight persons. that itis beyond question that the provisions of the National Constitution relating totrialsby jury for crimes and criminal prosecutions apply to the Territories of the United States. At that time there was no Territory. not even Alaska. that had not been acquired under a treaty providing that the inhabitants should enjoy the rights. advantages. and immunities of citizens of the United States.